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GORDON v. STARRETT CITY, INC.

83 A.D.2d 623 (1981)

Mac Gordon, Respondent, v. Starrett City, Inc., et al., Defendants and Third-Party Plaintiffs-Appellants. Victor Marrero, as Commissioner of The New York State Division of Housing and Community Renewal, et al., Third-Party Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 27, 1981

Order reversed, on the law, with $50 costs and disbursements, motion granted and complaint dismissed.

There was no inherent contradiction between paragraphs 13 and 18 of the contract. The effect of these paragraphs was that plaintiff agreed to commence performance of its obligations even though the contract was ultimately subject to approval by the New York State Division of Housing and Community Renewal. Plaintiff's initiatory performance (which involved a comparatively...

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